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Florida Statute 794.005 - Full Text and Legal Analysis
Florida Statute 794.005 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 794.005 Case Law from Google Scholar Google Search for Amendments to 794.005

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
794.005 Legislative findings and intent as to basic charge of sexual battery.—The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.”
History.—s. 2, ch. 92-135.

F.S. 794.005 on Google Scholar

F.S. 794.005 on CourtListener

Amendments to 794.005


Annotations, Discussions, Cases:

Cases Citing Statute 794.005

Total Results: 101  |  Sort by: Relevance  |  Newest First

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Karchesky v. State, 591 So. 2d 930 (Fla. 1992).

Cited 76 times | Published | Supreme Court of Florida | 1992 WL 4876

UNMARRIED PERSON UNDER THE AGE OF 18 YEARS, SECTION 794.05, FLORIDA STATUTES. Karchesky, 568 So.2d at
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Simmons v. State, 10 So. 2d 436 (Fla. 1942).

Cited 71 times | Published | Supreme Court of Florida | 151 Fla. 778, 1942 Fla. LEXIS 1267

basic offense (Section 7552, C.G.L., 1927, now Section 794.05, Florida Statutes, 1941) is silent as to the
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Seagrave v. State, 802 So. 2d 281 (Fla. 2001).

Cited 71 times | Published | Supreme Court of Florida | 2001 WL 776269

unmarried person under the age of eighteen (section 794.05). Chapter 800 covered "unnatural and lascivious
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Lowe v. State, 19 So. 2d 106 (Fla. 1944).

Cited 40 times | Published | Supreme Court of Florida | 154 Fla. 730, 1944 Fla. LEXIS 805

of Lee County, Florida, for the violation of Section 794.05, Fla. Stats. 1941 (F.S.A.). He was by the trial
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Stand. Jury Instructions, 723 So. 2d 123 (Fla. 1998).

Cited 40 times | Published | Supreme Court of Florida

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS F.S. 794.05 [NEW] Before you can
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BB v. State, 659 So. 2d 256 (Fla. 1995).

Cited 24 times | Published | Supreme Court of Florida | 1995 WL 382659

Section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional
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Wright v. State, 739 So. 2d 1230 (Fla. 1st DCA 1999).

Cited 23 times | Published | Florida 1st District Court of Appeal | 1999 WL 594179

or upon the victim's vagina, in violation of section 794.05(1), Florida Statutes (1997) (Count Two). A
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Morris v. State, 605 So. 2d 511 (Fla. 2d DCA 1992).

Cited 20 times | Published | Florida 2nd District Court of Appeal | 1992 WL 213150

" known in the vernacular as "statutory rape." § 794.05, Fla. Stat. (1991). Apparently the offense was
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Lussier v. Dugger, 904 F.2d 661 (11th Cir. 1990).

Cited 20 times | Published | Court of Appeals for the Eleventh Circuit | 1990 WL 80034

statutes, including the Rehabilitation Act. 29 U.S.C. § 794.5 The preamble to the 1988 legislation states that
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Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002).

Cited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

which is harmful to minors"). [66] See Fla. Stat. § 794.05(1) ("A person 24 years of age or older who engages
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Hess v. State, 794 So. 2d 1249 (Fla. 2001).

Cited 14 times | Published | Supreme Court of Florida | 2001 WL 521307

...under paragraph (1)(h) commits a felony of the first degree.... "Sexual battery" is defined in subdivision (1)(h) to mean "oral, anal, or vaginal penetration by, or union with, the sexual organ of another ... by any other object." The Legislature in section 794.005 expressed its findings with respect to sexual battery: The Legislature finds that the least serious battery offense ......
...and that it was never intended that sexual battery offense ... require any force or violence beyond the force and violence that is inherent in the accomplishment of "penetration" or "union." (Emphasis added.) We conclude that both the language of section 794.011(8)(b) and section 794.005 indicate the Legislature's intent to treat a violation of section 794.011 as implicitly involving violence or the threat of violence....
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Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993).

Cited 14 times | Published | Florida 5th District Court of Appeal | 1993 WL 186548

of twelve, for which consent is no defense. Section 794.05 similarly obviates consent as a defense if
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United States v. Darrell Mark Babcock, 924 F.3d 1180 (11th Cir. 2019).

Cited 12 times | Published | Court of Appeals for the Eleventh Circuit

residence. See, e.g. , Fla. Stat. § 794.05 (1) ("Unlawful sexual activity with certain
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State v. Washington, 114 So. 3d 182 (Fla. 3d DCA 2012).

Cited 12 times | Published | Florida 3rd District Court of Appeal | 2012 WL 2400879, 2012 Fla. App. LEXIS 10401

ignorance is not a defense to the crime[.]”). Under section 794.05, “[a] person 24 years of age or older who engages
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JAS v. State, 705 So. 2d 1381 (Fla. 1998).

Cited 12 times | Published | Supreme Court of Florida | 1998 WL 42190

review of a certified question,[6] we found section 794.05, Florida Statutes (1991),[7] unconstitutional
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Lanier v. State, 443 So. 2d 178 (Fla. 3d DCA 1983).

Cited 11 times | Published | Florida 3rd District Court of Appeal

consented or whether the victim was chaste. Section 794.05, Florida Statutes (1981), punishes as a felony
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Barber v. State, 901 So. 2d 364 (Fla. 5th DCA 2005).

Cited 9 times | Published | Florida 5th District Court of Appeal | 2005 WL 1047287

W. and PETERSON, JJ., concur. NOTES [1] See § 794.05(1), Fla. Stat. (2003). [2] See § 794.011(4)(e)
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Brinson v. State, 278 So. 2d 317 (Fla. 1st DCA 1973).

Cited 9 times | Published | Florida 1st District Court of Appeal

Chapter 8596, Acts of 1921, now carried as Section 794.05, Florida Statutes, F.S.A. Prior to 1921, the
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State v. Smith, 951 So. 2d 954 (Fla. 1st DCA 2007).

Cited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 714116

female under the age of sixteen, in violation of section 794.05, Florida Statutes (2005). The victim was a
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Hodge v. State, 866 So. 2d 1270 (Fla. 4th DCA 2004).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2004 WL 432501

removed. Appellant was found to have violated section 794.05, Florida Statutes (2000), which provides in
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Ladd v. State, 715 So. 2d 1012 (Fla. 1st DCA 1998).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1998 WL 399640

unmarried person younger than 18, in violation of section 794.05, Florida Statutes (1995). (However, appellant
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State v. Walborn, 729 So. 2d 504 (Fla. 2d DCA 1999).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 1999 WL 186698

unlawful sexual activity with a minor, pursuant to section 794.05, Florida *505 Statutes (1997). Walborn filed
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Romano v. State, 718 So. 2d 283 (Fla. 4th DCA 1998).

Cited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 567959

...ision in 1993, as the legislature, since 1992, has not intended that sexual battery require any force or violence beyond the force or violence inherent in the accomplishment of "penetration" or "union" as those terms are defined in the statutes. See § 794.005, Fla....
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McGee v. State, 19 So. 3d 1074 (Fla. 4th DCA 2009).

Cited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14918, 2009 WL 3189171

age sixteen or seventeen, in violation of section 794.05(1), Florida Statutes (2005). All of the offenses
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Caston v. State, 58 So. 2d 694 (Fla. 1952).

Cited 7 times | Published | Supreme Court of Florida | 1952 Fla. LEXIS 1201

was under eighteen years of age, contrary to Section 794.05, F.S.A. The appellant upon arraignment entered
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State v. Sedia, 614 So. 2d 533 (Fla. 4th DCA 1993).

Cited 7 times | Published | Florida 4th District Court of Appeal | 1993 WL 5862

...In Lowry, the court determined that in that case it was "unmistakable" that amendments contained in a pending bill were expressions of the legislature's prior and continuing intent. Id. at 1250. Here the legislature left no doubt as to its initial intention. In April of 1992, the legislature enacted section 794.005 of the Florida Statutes, clarifying that the only force the state must prove to convict a defendant under section 794.011(5) is the force inherent in the penetration....
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Wilson v. State, 288 So. 2d 480 (Fla. 1974).

Cited 7 times | Published | Supreme Court of Florida

01, Chapter 8596, Acts of 1921, (now Fla. Stat. § 794.05, F.S.A.) was amended, changing in effect the word
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Thompson v. State, 483 So. 2d 1 (Fla. 2d DCA 1985).

Cited 7 times | Published | Florida 2nd District Court of Appeal

under the age of eighteen years in violation of section 794.05, Florida Statutes (1983). The evidence at trial
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Victor v. State, 566 So. 2d 354 (Fla. 4th DCA 1990).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1990 WL 126372

motion to dismiss. We affirm. Florida Statutes Section 794.05(1) provides: Any person who has unlawful carnal
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Feliciano v. State, 937 So. 2d 818 (Fla. 1st DCA 2006).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2006 WL 2682580

On appeal from his conviction for violating section 794.05, Florida Statutes (2003), Jovan Feliciano argues
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Easterly v. State, 22 So. 3d 807 (Fla. 1st DCA 2009).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 17542, 2009 WL 4030817

or seventeen years of age, in violation of section 794.05, Florida Statutes (2004) (count two). The time
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Griffin v. State, 753 So. 2d 676 (Fla. 1st DCA 2000).

Cited 6 times | Published | Florida 1st District Court of Appeal | 2000 WL 266331

information charging him with a violation of section 794.05(1), Florida Statutes (1997). Twenty-four years
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UTU v. State, 929 So. 2d 718 (Fla. 5th DCA 2006).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1459808

sexual activity with a minor, in violation of section 794.05(1), Florida Statutes (2004), Anthony Utu appeals
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Fretwell v. State, 586 So. 2d 483 (Fla. 5th DCA 1991).

Cited 4 times | Published | Florida 5th District Court of Appeal | 1991 WL 188311

unmarried person under 18 years, a violation of section 794.05(1), Florida Statutes, and three counts of lewd
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State v. Cunningham, 712 So. 2d 1221 (Fla. 2d DCA 1998).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 336329

Florida, challenges the trial court order finding section 794.05, Florida Statutes (Supp.1996), which is the
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Griffin v. State, 322 So. 2d 587 (Fla. 4th DCA 1975).

Cited 3 times | Published | Florida 4th District Court of Appeal

offense of statutory rape, in violation of Section 794.05, Florida Statutes 1973. Various issues are
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State v. Raleigh, 686 So. 2d 621 (Fla. 5th DCA 1996).

Cited 3 times | Published | Florida 5th District Court of Appeal | 1996 WL 660937

was a minor. The statute at issue in B.B. was section 794.05, Florida Statutes, which prohibits carnal intercourse
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Young v. State, 506 So. 2d 13 (Fla. 5th DCA 1987).

Cited 3 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 875

chaste character is generally essential under § 794.05. Rather than eliminating the consent and chastity
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B.B. v. State, 659 So. 2d 256 (Fla. 1995).

Cited 3 times | Published | Supreme Court of Florida | 1995 Fla. LEXIS 1063

Section 23 of the Florida Constitution, renders section 794.05, Florida Statutes (1991), unconstitutional
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Pulcini v. State, 41 So. 3d 338 (Fla. 4th DCA 2010).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10569, 2010 WL 2882466

State, 695 So.2d 1239, 1243 (Fla.1997), and section 794.05(3) states that "[t]he victim's prior sexual
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Light v. State, 20 So. 3d 939 (Fla. 1st DCA 2009).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14499, 2009 WL 3103856

when the perpetrator is not older than 23. See § 794.05, Fla. Stat. (2005). Tummond testified he knew
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Jones v. State, 127 So. 3d 622 (Fla. 4th DCA 2013).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 5729927, 2013 Fla. App. LEXIS 16766

person 24 years of age or older, in violation of section 794.05(1), Florida Statutes (2008). At trial, the
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State v. BB, 637 So. 2d 936 (Fla. 2d DCA 1994).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 1994 WL 169438

challenges the trial court's order which declares section 794.05, Florida Statutes (1991), unconstitutional
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Hawker v. State, 951 So. 2d 945 (Fla. 4th DCA 2007).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 675470

accurate under Florida law. Florida Statutes section 794.05 criminalizes, as unlawful sexual activity,
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Acevedo v. Williams, 985 So. 2d 669 (Fla. 1st DCA 2008).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2008 WL 2572646

hand, and younger children, on the other. See § 794.05(1), Fla. Stat. (2007) ("A person 24 years of age
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State v. JAS, 686 So. 2d 1366 (Fla. 5th DCA 1997).

Cited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 1679

prove that the statute involved in that case, section 794.05, Florida Statutes (1991), furthered a compelling
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J.A.S. v. State, 705 So. 2d 1381 (Fla. 1998).

Cited 2 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 67, 1998 Fla. LEXIS 85

upon review of a certified question,6 we found section 794.05, Florida Statutes (1991),7 unconstitutional
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State v. ARS, 684 So. 2d 1383 (Fla. 1st DCA 1996).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1996 WL 726847

supreme court in B.B. v. State[1] held that section 794.05, Florida Statutes, which prohibits "unlawful
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Hull v. State, 686 So. 2d 676 (Fla. 3d DCA 1996).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1996 WL 724125

"niece"). Hull was not charged with a violation of section 794.05, which forbids intercourse with an unmarried
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Martin v. State, 691 So. 2d 1204 (Fla. 4th DCA 1997).

Cited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 194744

person under the age of 18 in violation of section 794.05, Florida Statutes (1995), and interfering with
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Drawdy v. State, 98 So. 3d 165 (Fla. 2d DCA 2012).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 3822100, 2012 Fla. App. LEXIS 14870

constitutional analysis under similar circumstances. Section 794.005 was enacted in 1992 in an effort to provide
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Erwin v. State, 983 So. 2d 58 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 1968313

constitute "sexual activity" as defined in section 794.05(1). *59 AFFIRMED in part, REVERSED in part
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Shores v. State, 15 So. 3d 697 (Fla. 1st DCA 2009).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 8506, 2009 WL 1856045

age or older, was a second-degree felony. See § 794.05(1), Fla. Stat. (1997). But his subsequent, unsupervised
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Stand. Jury Instructions in Crim. Cases (95-1), 657 So. 2d 1152 (Fla. 1995).

Cited 1 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 338, 1995 Fla. LEXIS 1139, 1995 WL 410690

comply with the legislative intent expressed in section 794.005, Florida Statutes (Supp.1992). See also State
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State v. J.A.S., 686 So. 2d 1366 (Fla. Dist. Ct. App. 1997).

Cited 1 times | Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 26

prove that the statute involved in that case, section 794.05, Florida Statutes (1991), furthered a compelling
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Rivera v. State, 1 So. 3d 1158 (Fla. 2d DCA 2009).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 360, 2009 WL 188047

sexual activity with a minor, a violation of section 794.05(1), Florida Statutes (2002). After his plea
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State v. Tameris, 54 So. 3d 619 (Fla. 5th DCA 2011).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 1980, 2011 WL 553825

sexual activity with a minor, in violation of section 794.05, Florida Statutes. In ease number 2009-35625-CFAES
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HB v. Dep't of Child. & Families, 987 So. 2d 808 (Fla. 5th DCA 2008).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 3539517

MONACO and COHEN, JJ., concur. NOTES [1] See § 794.05(1), Fla. Stat. (2007) ("A person 24 years of age
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Stephen Stubbs v. State of Florida, 275 So. 3d 631 (Fla. 4th DCA 2019).

Cited 1 times | Published | Florida 4th District Court of Appeal

sexual activity with a minor in violation of section 794.05(1), Florida Statutes. We write to address the
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Harvey v. State, 68 So. 3d 255 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 14017, 2010 WL 3655697

or older with a person 16 or 17 years of age. § 794.05(1), Fla. Stat. (2006). She raises six arguments
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Hickman v. State, 97 So. 2d 37 (Fla. Dist. Ct. App. 1957).

Published | District Court of Appeal of Florida

*38person be under the age of eighteen years. See section 794.05, Florida Statutes, F.S.A.; State v. Bowden
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State v. Pawloski, 718 So. 2d 1264 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 12701, 1998 WL 698618

So.2d 1221 (Fla. 2d DCA 1998), i.e., whether section 794.05, Florida Statutes (Supp.1996) (the Statutory
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Karchesky v. State, 568 So. 2d 80 (Fla. 5th DCA 1990).

Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 7496, 1990 WL 143339

person under the age of 18 years in violation of section 794.05, Florida Statutes (1985). The trial court denied
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Campbell v. State, 771 So. 2d 1205 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 13510, 2000 WL 1532910

the date on which he committed the offense. See § 794.05(2), Fla. Stat. (1997). We affirm the conviction
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Adams v. State, 123 So. 3d 659 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 5629444, 2013 Fla. App. LEXIS 16433

with a minor, a second-degree felony under section 794.05, Florida Statutes (2007). A defendant must
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Garrett Statler v. State of Florida (Fla. 2022).

Published | Supreme Court of Florida

...924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.” Ch. 92-135, § 2, at 1089, Laws of Fla. (codified at § 794.005, Fla. Stat.). Since these amendments, the weight of the authority on the question has consistently favored the conclusion that the statute retained the general intent requirement that had prevailed at common law....
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Ethan James Charles v. Jeff Johnson (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

Federal financial assistance . . . .” 29 U.S.C. § 794. 5 In order to recover under the Rehabilitation Act
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).

Published | Supreme Court of Florida

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. Stat. To prove the crime of Sexual
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Mathis v. State, 204 So. 3d 104 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 16914

defendant was 24 years of age or older, contrary to Section 794.05, Florida Statutes.” During Appellant’s trial
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State v. B.B., 637 So. 2d 936 (Fla. 5th DCA 1994).

Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 4315

challenges the trial court’s order which declares section 794.05, Florida Statutes (1991), unconstitutional
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Wright v. State, 199 So. 2d 321 (Fla. Dist. Ct. App. 1967).

Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4873

the subject criminal provision as set out in Section 794.05. Four basic elements form the proof of this
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United States v. Darrell Mark Babcock (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

at Babcock’s residence. See, e.g., Fla. Stat. § 794.05(1) (“Unlawful sexual activity with certain minors”);
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Marken Leger v. U.S. Attorney Gen. (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Nov 9, 2023

Right of Privacy Under Florida Statutes § 794.05, 26 Stetson L. Rev. 407, 408, 417, 422
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State ex rel. Bernstein v. Buchanan, 172 So. 2d 476 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4342

substantially charges a violation of the law, F.S. Section 794.05, F.S.A., that the Justice of the Peace Ruth
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Jae-il Byun v. State of Florida (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

in sexual activity with a sixteen year old. See § 794.05(1), Fla. Stat. (2015).
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Neira v. State, 847 So. 2d 1134 (Fla. 4th DCA 2003).

Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 9385, 2003 WL 21459245

a seventeen-year-old minor in violation of section 794.05(1), Florida Statutes (2001).1 He argues that
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Conyers v. State, 638 So. 2d 1055 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 WL 278155

also certified this issue in the context of section 794.05, Florida Statutes (1991), which prohibits carnal
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Karchesky v. State, 509 So. 2d 403 (Fla. 5th DCA 1987).

Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1657, 1987 Fla. App. LEXIS 9149

defendant was charged with and convicted of section 794.05, Florida Statutes (1985) (carnal intercourse
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Nicholson v. State, 639 So. 2d 1027 (Fla. 2d DCA 1994).

Published | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 6640, 1994 WL 321677

...At the time the defendant committed the offenses on October 1, 1991, the law did not permit the inclusion of points for victim injury based solely on penetration which did not cause ascertainable physical injury in a sexual battery case. See Karchesky v. State, 591 So.2d 930 (Fla.1992). Further, although section 794.005, Florida Statutes (Supp.1992), which was passed to override Karchesky , was in effect at the time the defendant was sentenced, that law cannot be applied retroactively to crimes committed before its effective date....
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State v. Richardson, 963 So. 2d 267 (Fla. 2d DCA 2007).

Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 11384, 2007 WL 2120134

unlawful sexual activity with a minor pursuant to section 794.05(1), Florida Statutes (2000), and contributing
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Anthony Alexander v. State of Florida (Fla. 4th DCA 2025).

Published | Florida 4th District Court of Appeal

5 activity with a minor in violation of section 794.05(1), Florida Statutes (2019). In 2020, “sexual
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In Interest of M.C.N. v. State, 511 So. 2d 1019 (Fla. 2d DCA 1987).

Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1790, 1987 Fla. App. LEXIS 9431

the proscription against “statutory rape,” § 794.05. § 794.05 Carnal intercourse with unmarried person
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Stand. Jury Instructions in Crim. Cases (97-2), 723 So. 2d 123 (Fla. 1998).

Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 407, 1998 Fla. LEXIS 1332, 1998 WL 394912

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS F.S. 794.05 [NEW] Before you can find the defendant guilty
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Clarence Terry v. State of Florida, 224 So. 3d 763 (Fla. 4th DCA 2017).

Published | Florida 4th District Court of Appeal | 2017 WL 2983283, 2017 Fla. App. LEXIS 10053

convictions for thirteen counts of violating section 794.05(1), Florida Statutes (2014), which makes it
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Tyson v. State, 93 So. 3d 425 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 WL 2813995, 2012 Fla. App. LEXIS 11233

CF06-0600, Tyson was convicted of violating section 794.05, Florida Statutes (2005), a second-degree felony
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Khalid Hayat Chaudhry v. State of Florida (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

age” by “[a] person 24 years of age or older.” § 794.05(1), Fla. Stat. (2013). We affirmed his conviction
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United States v. Raul Dagoberto Contreras, 739 F.3d 592 (11th Cir. 2014).

Published | Court of Appeals for the Eleventh Circuit | 2014 WL 19856

...of 13 his argument is that, because § 749.011(5) does not require any sort of force –– other than the force necessary to achieve “penetration” or “union” –– it is not a forcible sex offense or a crime of violence. See Fla. Stat. § 794.005 (“[I]t was never intended that the sexual battery offense described in [§] 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of ‘penetration’ or ‘union.’”)....
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Hyre v. State, 240 So. 3d 47 (Fla. 2d DCA 2018).

Published | Florida 2nd District Court of Appeal

with one count of unlawful sexual activity. See § 794.05(1), Fla. Stat. (2014). The information alleged
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Shuler v. State, 947 So. 2d 1259 (Fla. 5th DCA 2007).

Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 1214, 2007 WL 283051

sexual activity with a minor, in violation of section 794.05(1) of the Florida Statutes (2005). Because
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Womancare of Orlando, Inc. v. Agwunobi, 448 F. Supp. 2d 1309 (N.D. Fla. 2006).

Published | District Court, N.D. Florida | 2006 U.S. Dist. LEXIS 65293, 2006 WL 2528765

of age commits a felony of the second degree." § 794.05(1). A person "21 years of age or older who impregnates
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State v. A.R.S., 684 So. 2d 1383 (Fla. 1st DCA 1996).

Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 13159

The supreme court in B.B. v. State1 held that section 794.05, Florida Statutes, which prohibits “unlawful
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Nune v. State, 944 So. 2d 1173 (Fla. 5th DCA 2006).

Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 20854, 2006 WL 3678508

the ac-knowledgement that contact occurred. See § 794.05(1), Fla. Stat. (2006); Hindenach v. State, 807
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Debose v. State of Florida (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

unlawful sexual activity with a minor under section 794.05, Florida Statutes, and the unlawful use of
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State v. Metzler, 791 So. 2d 565 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 11033, 2001 WL 877286

Therefore, the 1997 statute is applicable. .Section 794.05(1), Fla. Stat. (1999), provides that a “person
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Tulier v. State, 147 So. 3d 1037 (Fla. 2d DCA 2014).

Published | Florida 2nd District Court of Appeal | 2014 WL 4086814, 2014 Fla. App. LEXIS 12788

merely amounts to solicitation. We agree. Section 794.05(1), Florida Statutes (2011), provides as follows:
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Vinson Kearse v. State of Florida (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

activity with certain minors in violation of section 794.05(1), and one count of lewd or lascivious molestation
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Moore v. Palilla, 739 So. 2d 1228 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 WL 595020

a person 16 or 17 years of age, contrary to section 794.05, Florida Statutes (1997), and was convicted
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In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).

Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

UNLAWFUL SEXUAL ACTIVITY WITH CERTAIN MINORS § 794.05, Fla. — Stat. To prove the crime of Sexual
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Terry D. Ellison, Jr. v. State of Florida, 268 So. 3d 1007 (Fla. 1st DCA 2019).

Published | Florida 1st District Court of Appeal

Petitioner’s offense, unlawful sexual activity under section 794.05, Florida Statutes, is not a listed offense
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Baines v. State, 221 So. 2d 3 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5878

Hi A separate section of the same chapter, Section 794.05, defines what is commonly referred to as “statutory
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Lowery v. State, 754 So. 2d 888 (Fla. 5th DCA 2000).

Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 4419, 2000 WL 378204

738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . § 794.05(1), Fla. Stat. (1999). . § 787.03(1), Fla. Stat

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.